In this instance, unfair dismissal legislation still applies, if the employee was working at the same company. Using an agency or letting staff go for 2 months each year and then re-hiring them were once used as loopholes to get around the employment legislation, but will not be tolerated by the WRC..... who your employer was through this period, the agency or the company?
You also have the option of taking a case under the Employment Equality Acts for discriminatory dismissal based on the disability ground.
With respect, I'd disagree. It depends totally what the two days in hospital were for. If it were a once off issue, now cleared, then yes, you're probably correct. On the other hand, if there's an underlying condition that necessitated the two days in hospital, then that underlying condition may well qualify.
“disability” means—(a) the total or partial absence of a person's bodily or mental functions, including the absence of a part of a person's body, (b) the presence in the body of organisms causing, or likely to cause, chronic disease or illness, (c) the malfunction, malformation or disfigurement of a part of a person's body, (d) a condition or malfunction which results in a person learning differently from a person without the condition or malfunction, or (e) a condition, illness or disease which affects a person's thought processes, perception of reality, emotions or judgement or which results in disturbed behaviour,
Some odd things have been recognized as disabilities under the Act. Alcoholism and drug addiction for starters. In fairness, it's an oddly drafted definition. For instance, subsection (b) requires the disease or illness to be "chronic"; (c) (d) and (e) don't. This would allow a temporary condition to fall within the definition. Subsection (c) in particular seems to be very wide in scope; a common cold would appear to meet the test of "...a malfunction...of a part of a person's body" would it not? It's a malfunction of the respiratory system after all!In the absence of such, a claim for discrimination on grounds of disability won't get anywhere.
Some odd things have been recognized as disabilities under the Act. Alcoholism and drug addiction for starters.
a common cold would appear to meet the test of "...a malfunction...of a part of a person's body" would it not? It's a malfunction of the respiratory system after all!
Hi there,
Can anyone help please
I was employed my an agency on a contract for 9 months at a company , the agency or company never extended the contract after 9 months but one year later 13 months i am still at the company. I go into hospital and 2 days later they ended my contact at the company , do i have an unfair dismissal case ? My contract at the agency was not terminated but of course they do not have a job for me ..
Thank you
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